Com., Dep v. Cromwell Tp., Huntingdon Cty., 32 A.3d 639

DEP ordered Cromwell Township to implement its May 24, 2002 order directing Act 537 Plan compliance.
Township amended its Plan in 2005 to implement a joint sewage treatment agreement with ORJMA, followed by changes in Township Board membership in 2005–2006.
DEP withdrew its approval of the Plan amendment in 2006, placing Township back under the May 2002 enforcement obligations.
DEP pursued enforcement; Commonwealth Court held Township in contempt and ordered sentencing of three supervisors in March 2009 for noncompliance.
Howard Clark resigned before sentencing; Booher and Fleck remained, with Booher ultimately incarcerated briefly before release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the July 8, 2009 order appealable as of right or by discretion?	Township asserts direct appeal under §723(a).	DEP argues discretionary review under §724(a) as an enforcement matter.	Appeal is discretionary; direct appeal denied; treated as petition for allowance of appeal.
Was imprisoning individual Township supervisors proper when they acted in a legislative capacity and could purge contempt?	Township contends imprisonment was improper and less-restrictive sanctions should have been used.	DEP contends incarceration was needed to purge contempt and achieve compliance.	Sentence reversed; incarceration was improper; lesser sanctions should have been used first.
Did the proceedings on the incarceration of individuals fall under mootness or capably repeated review?	Township argues ongoing enforcement remains a live controversy.	DEP contends issues may be moot, but are capable of repetition and in the public interest.	Addressed merits despite mootness concerns; court ultimately allows review and reverses incarceration.

Lansdowne Swim Club v. Pennsylvania Human Relations Comm'n, 526 A.2d 758 (Pa. 1987) (enforcement orders can be appellate, not original, review when enforcing agency investigations)
Pennsylvania Human Relations Comm'n v. School District of Philadelphia, 732 A.2d 578 (Pa. 1999) (enforcement proceedings lie in appellate jurisdiction; discretionary review applies)
Commonwealth v. Lindberg, 469 A.2d 1012 (Pa. 1983) (issues pendant to an appellate action are not originally commenced in Commonwealth Court)
Scranton School District, 507 A.2d 369 (Pa. 1986) (enforcement actions are not original proceedings in Commonwealth Court; discretionary review applies)
Spallone v. United States, 493 U.S. 265 (U.S. 1990) (least restrictive power principle; begin with city sanctions before targeting individual officials)